Patentability Risks for Medical Devices in the 510(k) Clearance Process

Given its alluring profitability, the medical device industry is highly competitive. A patent, consequently, is of high value to medical device companies; it protects their market share and helps attract investors. When bringing a medical device to the market, however,…

Force Majeure Clauses and Traditional Doctrinal Defenses to Nonperformance of Contractual Obligations amid COVID-19

Although the freedom of contract provides parties with broad discretion in defining the scope of a force majeure clause, in general, a force majeure clause is a contractual provision that excuses the nonperformance of contractual obligations in circumstances beyond a…

COVID-19 in the Context of Intellectual Property Licenses

COVID-19 can be problematic for intellectual property licensing arrangements, especially with respect to the performance of duties owed under common provisions for royalties and sales requirements. The operational and financial hardships imposed by COVID-19 can make fulfilling these duties immensely…

Fees Associated with IPR and PGR Proceedings Increase on October 2, 2020

Effective as of October 2, 2020, fees associated with inter partes review ("IPR") and post grant review ("PGR") proceedings will increase as follows: IPR request fee (up to 20 claims) will increase from $15,500 to $19,000.  IPR post-institution fee (up…

Copyright Protection for Computer Programs: Copyrightability and A Notable Limitation

Section 102(a) of the Copyright Act provides that copyright protection extends to “original works of authorship” that are “fixed in a tangible medium of expression . . . .” “Works of authorship” include “literary works.” A computer program is a…

United States Copyright Office expands Electronic Filing Capabilities amid COVID-19

Responding to the impact of COVID-19, the United States Copyright Office ("Copyright Office") expanded its electronic filing capabilities for many service that otherwise could only be filed by physical delivery, such as notices of termination, requests for reconsideration of refusals…